Draft Pakistan Single Window Evidence of Identity (EOI) Rules, 2022

GOVERNMENT OF PAKISTAN
MINISTRY OF FINANCE AND REVENUE
(REVENUE DIVISION)

Islamabad, the 17th May, 2022

NOTIFICATION

S.R.O. 605(I)/2022.- The following draft of rules, which the Federal Government intends to make in exercise of the powers conferred under sub-section (1) of section 21 of the Pakistan Single Window Act, 2021 (III of 2021), is hereby published for the information of all persons likely to be affected thereby and, as required under sub-section (2) of the said section, notice is hereby given that objections or suggestions thereon, if any, may for consideration of the Federal Board of Revenue be sent within fifteen days of publication of the draft in the official gazette. Any objection or suggestion which may be received in respect of the said draft, before the expiry of the aforesaid period, shall be considered, namely:-

DRAFT RULES

1. Short title, application and commencement: (1) These rules shall be called the Pakistan Single Window Evidence of Identity (EOI) Rules, 2022.

(2) These rules shall apply to all users whether individuals, sole proprietorships or body corporates registered with the Federal Board of Revenue (FBR) or the Security and Exchange Commission of Pakistan (SECP), government organizations, diplomatic missions, foreign individuals and businesses or any other commercial and non-commercial entity engaged in cross-border trade i.e., import, export and transit as well as the users involved in the provision of trade related services such as customs clearing agents, shipping agents, bonded carriers, logistic operators, warehouse operators, transporters, or any other such business associated with cross-border trade, included or intended to be included, in the PSW system.

(3) These rules shall come to force at once.

2. Subscription to PSW system: (1) All persons wishing to conduct a cross-border trade transaction whether imports, exports, or transit (hereinafter called the 'applicant') must provide evidence of identity by undergoing an electronic verification process by subscription to the PSW system to prove their credentials.

(2) The subscription to PSW system will be done through an online process as defined in the PSW 'Evidence of Identity' regulations issued under section 22 of the Act (hereinafter called EOI Regulations) from time to time by the operating entity established under section 6 of the Act.

(3) The applicant, upon furnishing the necessary information required by the system for the verification process and payment of subscription fee as prescribed in the EOI Regulations, shall be issued a unique User ID. The applicant shall receive the User ID issued electronically by the PSW system on the email address registered with FBR.

(4) To verify the identity of an applicant, the PSW system shall develop and implement an electronic 'Know Your Customer' (KYC) protocol based on system integrations or electronic data interchange with FBR, SECP, Pakistan Mobile Number Portability Database Company (PMD), National Database & Registration Authority (NADRA), commercial banks and any other database prescribed in the regulations.

(5) The applicant shall be responsible for updating and correction of their particulars in FBR, SECP, PMD, NADRA, or associated bank databases in case of non-verification of given information.

(6) The applicant shall be responsible for the authenticity of the information provided as evidence of identity and shall in no circumstances whatsoever assign, sublet, or allow in any other form the use of their credentials by another person for subscribing to the PSW system.

3. Validity period of user identification (UID): (1) The UID of the subscriber shall remain valid and active for a period of two years from the date of issuance of UID.

(2) The same shall have to be renewed or revalidated upon expiry of the prescribed period of two years. The subscriber or user shall have to apply for such renewal or revalidation one month prior to expiry of the validity period of two years upon payment of prescribed subscription fee.

4. Access to PSW system: (1) Access to the PSW system for the purposes of conducting cross-border trade transactions will only be allowed through the UID and password duly issued to an applicant.

(2) The subscriber shall be responsible for the authenticity of the information provided, security of their password, safe handling of the data shared or retrieved from the PSW, and ethical

use of the system. Failure to exercise due care in the use of PSW system or compromising its digital systems or conniving with any person who intend to get unauthorized access to the PSW shall be liable to action which may involve suspension of the UID and penalties under the provisions of the Act and other applicable laws for the time being in force.

(3) Access to different modules, functionalities, features, and services of the PSW system whether for the purpose of conducting a trade transaction, accessing trade data, availing of any PSW digital service or any other purpose shall be subject to the roles and privileges assigned to a particular UID and shall be governed by the terms and conditions as electronically agreed by the applicants at the time of subscription.

5. Refusal to grant access to the PSW system: (1) No applicant whose evidence of identity is accepted through the PSW subscription process as prescribed in the EOI Regulations shall be denied access to the PSW system, its allied components, or services.

(2) The above rule shall not apply to individuals or entities who have been barred from conducting cross border trade transactions under any applicable national or international law, legal, quasi-legal or administrative order by the authority of competent jurisdiction due to the applicant's involvement in smuggling, commercial or customs fraud, identity theft, trade-based money laundering, terrorist financing, terrorism or contravention of any other national or international law as officially communicated to the operating entity whether through electronic or regular means of correspondence.

6. Suspension or cancellation of UID: (1) The UID of an applicant may be suspended or cancelled due to non-renewal or revalidation of the UID within the prescribed period, committing of an offence as prescribed under section 13 of the Act, violation of the terms and conditions agreed at the time of subscription or prescribed under these rules or EOI Regulations, or due to any legal, quasi-legal or administrative order by the authority of competent jurisdiction as officially communicated to the operating entity whether through electronic or regular means of correspondence.

(2) No order shall be passed for refusal, suspension, or cancellation of a UID unless the applicant or subscriber is given a reasonable opportunity of being heard, whether electronically or otherwise, as the case may be, by the authority of competent jurisdiction.

7. Supersession of previous rules: These rules shall supersede all previous instructions and orders pertaining to PSW subscription as notified by the lead Agency or any other entity.

[C.No.2(25)PD(PSW)/EOI/2022]

(Afnan Khan)
Secretary (PSW)